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RUS, MILIBAND & SMITH v. CONKLE & OLESTEN

No. G030325

6 Cal.Rptr.3d 612 (2003)

113 Cal.App.4th 656

RUS, MILIBAND & SMITH, Cross-Complainant and Appellant, v. CONKLE & OLESTEN et al., Cross-Defendants and Respondents.

Court of Appeals of California, Fourth District, Division Three

As Modified December 19, 2003

Review Denied February 24, 2004.

Attorney(s) appearing for the Case

Rus, Miliband & Smith, Ronald Rus, Randall A. Smith and Jay B. Wallace, Irvine, for Cross-Complainant and Appellant.

Conkle & Olesten, William C. Conkle and Eric S. Engel, Santa Monica, for Cross-Defendant and Respondent Conkle & Olesten.

Law Office of Phillip K. Fife, Phillip K. Fife, Seal Beach and Ryan M. Craig, for Cross-Defendant and Respondent Goodrich, Goodyear & Hinds.

OPINION

SILLS, P.J.

I. INTRODUCTION

A real estate empire collapses. The estate's bankruptcy trustee, through its attorney of record, sues the empire's accountants for their role in the collapse. The parties settle. As part of the settlement, the trustee's attorneys now represent the accountants in a suit against their malpractice insurer on a contingency fee basis (while still representing the trustee in enforcing the settlement). The accountants...

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